The advertiser, specialist, or agent will receive a summary of relevant payments, service terms, and our cancellation policy. These terms and conditions will be accepted by clicking an email confirmation link and taking the affirmative action of checking the "acknowledgment" box and clicking "submit" after reviewing the Terms and Conditions. If advertisers fail to accept the terms and conditions within 30 days of receiving them from Clicky Digital, the offer will be considered withdrawn. Advertisers may request services from Clicky Digital again, but new estimates and terms and conditions will apply.
If the advertiser chooses not to be legally bound, they must inform Clicky Digital within three working business days by emailing their name, business name, email address, physical or street address, and location to care@clickydigital.com with "Cancellation of Services" in the subject line. The services will be canceled without further obligations, provided that the notification is sent before 5 PM US Eastern Standard Time. The advertiser is responsible for any costs associated with the services. However, if the advertiser fails to email or communicate with Clicky Digital regarding the cancellation of services, it will be assumed that all terms and conditions have been accepted and the advertiser is legally bound by the contract.
By accepting the terms and conditions, the advertiser agrees to receive information from Clicky Digital regarding their account and the services provided. This information may include promotional messages, updates on technological advancements, or additional offers. To unsubscribe from promotional or marketing messages, the advertiser can send an email with the subject line "Opt-out of Marketing Messages" to care@clickydigital.com. It is important for the advertiser to include their name in the email.
Regardless of whether the advertiser accepts these Terms and Conditions, any personal information provided by the advertiser will be subject to Clicky Digital's privacy policy, which can be reviewed.
If the advertiser provides their contact information to Clicky Digital but either explicitly rejects or fails to approve these Terms and Conditions within thirty (30) days, the services will not be provided, or if provided previously, will be terminated or canceled. In such cases, the advertiser may continue to receive marketing messages from Clicky Digital. To unsubscribe from these messages, the advertiser can follow the same process mentioned above.
Please note that requests to unsubscribe, as per the terms outlined in this section, may require some processing time by Clicky Digital. The advertiser may continue to receive messages during the processing period.
Clicky Digital offers various online marketing strategies and website promotion services to advertise the businesses of advertisers. Our services are considered as our products.
The following are the current "Services" offerings, which may change from time to time. These Terms and Conditions will only apply to the Services requested and paid for by the advertiser and provided by Clicky Digital:
Each Service includes marketing and advertising services and practices specific to that particular service, as described in the corresponding link provided. The terms and conditions specified for each service apply solely to that service and not to any other service provided by Clicky Digital. The specific terms and conditions for each service will be considered a part of these General Terms and Conditions for the services purchased by the advertiser at any given time.
In addition to the Services being provided, Clicky Digital will provide the advertiser with an Account Information Page that can be accessed at any time to check the status of their account and the services provided. The advertiser can also inquire about the current services being provided through calls, chats, or emails.
The advertiser should be aware that clicks to their website, including clicks from search engines, shopping engines, content sites, etc., may contain spelling errors, singular/plural variations, and other related search terms that are mapped to their advertising campaign. However, spelling errors are common in the era of autocomplete search engine technology. All keyword campaigns will be designed to maximize return on advertising spend through carefully selected key terms, titles, and descriptions.
Unless the advertiser has engaged Clicky Digital to create a microsite, the advertiser is responsible for the quality and accuracy of their own website, landing pages, or redirect sites that are linked to their ads.
The advertiser has the flexibility to determine the expenses and pricing for any service by communicating their preferences via phone, chat, or email. The charges for the services are outlined in the specific product/service terms and conditions pages mentioned earlier. By accepting these terms and conditions, the advertiser explicitly agrees to pay the fees and pricing for the requested services, as communicated to them at or before the time of acceptance.
The advertiser must choose one of the following payment methods: a credit card, which will be subsequently charged by Clicky Digital, or a bank cheque made payable to Clicky Digital. By accepting these terms and conditions, the advertiser authorizes Clicky Digital or its Clicky Digital services provider to securely store their financial information for the purpose of facilitating payment. It is the advertiser's responsibility to notify Clicky Digital in writing of any changes or updates to their financial information.
All payments must be made in USD, and the advertiser is fully responsible for any applicable taxes. The expenses are due according to the agreed-upon payment schedule or immediately upon receipt of the invoice, as applicable. The advertiser acknowledges that any setup fees or one-time service payments are non-refundable.
Payments made via credit card or bank account are processed to avoid the inconvenience of late payment for both parties. However, it is the advertiser's responsibility to ensure that Clicky Digital has the most up-to-date credit card or bank account information and that the chosen payment methods are suitable for the payment of expenses owed for Clicky Digital's services.
In the event of a payment failure with the approved payment method provided by the advertiser, resulting in one or more payments being made after the due date, such late payments will be subject to a late fee equal to greater of $150 or 10% of the total amount due, up to the maximum amount permitted by applicable law. In addition to late fees, the advertiser agrees to cover all attorneys' fees and expenses incurred by Clicky Digital for the collection of late payments.
If the advertiser wishes to select the contract term or obtain information regarding the amount or expected date of any recurring payment, or the term, end, or renewal of the services, they can request such details via phone, chat, or email.
The duration of each service will commence from the date of the advertiser's acceptance of these terms and conditions. Billing will occur either as a one-time payment or according to the scheduled payment outlined in the specific product/service terms and conditions for the provided services.
All service fees will be paid in advance on a monthly basis. After the initial contract term for a specific service, the contract for that service will automatically renew for successive one-month terms on the monthly anniversary date of the advertiser's initial acceptance of these terms and conditions.
Once the initial contract term is completed, the advertiser can cancel the automatic recurring payment, including the associated services, by providing notice to Clicky Digital via email. The notice should include the advertiser's name, business name, email address, phone number, physical location, and area, with "Cancel Service" in the subject line. To ensure cancellation, the notice must be received by Clicky Digital no later than 5:00 PM US Eastern Standard Time at least three business days prior to the next recurring payment date. In such a case, the following recurring payment will be canceled, and the services will end at the end of the current term.
If the notice is received less than three business days before the next recurring payment, the payment will still be processed, and the services will continue for an additional renewal term. Cancellation will then occur at the end of that additional renewal term.
No pro-rated refunds will be provided for partial terms or months. For example, if an advertiser enters into a 365-day contract term with Clicky Digital, and the initial sign-up date is July 15 of a given year, to cancel the services at the end of the agreement term without incurring an extra month's charge, the advertiser would need to provide written cancellation notice no later than July 12 (assuming July 12, 13, and 14 are business days). One-time charge offerings do not have subsequent terms as they are provided in advance, and their term is fulfilled upon the initial delivery of the service to the advertiser.
In the event that an advertiser terminates the services before the completion of the contract term, they will be required to pay an early termination fee equal to the remaining Contract Value. The Contract Value is determined by multiplying the number of months fulfilled in the agreement or service request by the monthly expenses applicable to the services. For example, if the services have a three-month term and the Contract Value is $2500, with a monthly expense of $850, if the advertiser cancels after the first month, the cancellation fee will be $1250.
The advertiser acknowledges that Clicky Digital may make changes to its standard terms and conditions and service offerings periodically. Clicky Digital reserves the right to adjust the pricing of services after providing at least thirty (30) days advance written notice to the advertiser. If the agreement does not allow for renewal or extension beyond one month, the agreement will be considered month-to-month, and the advertiser will be subject to revised terms, conditions, and pricing upon receipt of the notice. The advertiser is advised to enter into longer-term contracts to secure pricing, terms, and conditions. Changes to the services can be made by mutual agreement between the advertiser and Clicky Digital.
The advertiser is granted authorization to access websites owned, operated, or provided by Clicky Digital that require login or account information to manage their advertising account(s). The advertiser agrees not to misuse the site or its content or distribute any confidential information. The right to create an account with Clicky Digital is personal and non-transferable, and the advertiser must comply with the rules set by Clicky Digital. The advertiser agrees not to use any automated scripts, robots, or spiders to access their account or monitor Clicky Digital's website and its content except for the automated means explicitly provided by Clicky Digital.
The advertiser understands that any data or statistics provided by them to Clicky Digital may not be processed in real-time and may be subject to delays caused by internet latency, Clicky Digital's systems, and the systems of third-party partners and search engines.
The full ownership rights and title to the Services, including all associated concepts, ideas, campaign optimizations, computer programs, and other technology related to Clicky Digital's operations, bid management, task management, optimization platform, and websites (collectively referred to as "Clicky Digital Materials"), will remain solely with Clicky Digital. This also applies to outsourced suppliers, authors, and promotional partners if applicable and if they are the rightful owners. The advertiser acknowledges that they do not acquire any ownership interest in Clicky Digital Materials through this agreement.
Unless the advertiser's website is specifically developed and provided by Clicky Digital as part of its services, the advertiser acknowledges that Clicky Digital and its promotional partner (if applicable) are not responsible for the development, support, and operation of the advertiser's website(s), including any content or materials displayed on the website(s) or any visitor-related issues. Clicky Digital or its promotional partner also has no control over order entry, payment processing, shipping, cancellations, returns, or customer service related to orders placed on the advertiser's website(s). The advertiser further agrees not to add or display any content owned or licensed by Clicky Digital or its promotional partner, or any Clicky Digital search listings, unless specifically agreed upon with Clicky Digital.
The advertiser declares and confirms to Clicky Digital and its promotional partner, if applicable, that throughout the duration of this agreement:
This agreement is a valid, legal, and binding contract.
The advertiser is responsible for promptly responding to communications and requests from Clicky Digital, understanding that failure to do so may impact the effectiveness of the services.
Any information, content, or images provided or to be provided by the advertiser (including by their experts or agents) for the services are accurate and appropriate for the advertiser's business needs. The advertiser has the lawful right to use such information, content, images, or data.
The advertiser is the rightful owner or authorized representative of the website(s) for which services will be provided unless the website is specifically developed and provided by Clicky Digital.
The advertiser's website and the information, content, images, or data provided to Clicky Digital do not infringe upon third-party rights, including but not limited to copyright, patent, trademark, trade secret, privacy rights, or any other intellectual property or privacy right.
The advertiser's website and the information, content, images, or data provided are free from false or misleading content, consumer fraud, product liability, breach of agreement, harm to individuals or entities, offensive or derogatory material, viruses, spyware, adware, or any malicious links. They also do not promote hate crimes based on race, sex, religion, nationality, disability, sexual orientation, or age.
These representations and warranties are essential for the performance of this agreement.
The advertiser agrees to the following commitments:
The advertiser will not hold Clicky Digital or its affiliates and promotional partners liable or responsible for the actions of visitors who visit the advertiser's website(s) through the services.
If the advertiser was referred to the services through a Clicky Digital partnership promotion, and if the promotional partner is a beneficiary of these terms and conditions, the advertiser authorizes Clicky Digital to share all acquired information, including product performance data, with the promotional partner. The promotional partner will have the same rights to access and use the specified information as Clicky Digital.
If the requested services from Clicky Digital include managing paid search and if the paid search management is carried out through an existing account instead of a Clicky Digital account, the advertiser will grant exclusive managerial access to the specified account to Clicky Digital. The advertiser may retain read-only access, but this allows Clicky Digital to effectively perform the services.
For a period of one (1) year after the termination of the agreement, the advertiser will not (a) solicit the employment of any employee or independent contractor employed by Clicky Digital, (b) encourage or support any employee or contractor employed by Clicky Digital to terminate their employment, or (c) deliberately disrupt the employment relationship between Clicky Digital and its employees or contractors. However, general employment solicitations (e.g., through job boards or general advertisements) and any employment relationship established as a result of responses to general job postings will not be considered a violation of this covenant.
If the advertiser offers or promotes prohibited or age-restricted products and/or services, the advertiser will: (i) implement age verification on its website's homepage and during the sales process in compliance with applicable laws and regulations, (ii) refrain from offering such products and/or services in jurisdictions where they are prohibited or restricted, and (iii) agree to indemnify Clicky Digital against any claims, losses, damages, fines, penalties, or similar actions that may arise due to the advertiser's sale or promotion of such products or services.
The advertiser agrees to indemnify, defend, and hold harmless Clicky Digital, its delivery partners including the promotional partner, their respective licensors and licensees, affiliated companies, and their respective officers, directors, employees, representatives, and agents (collectively referred to as the "Indemnified Parties"), from and against all claims, actions, liabilities, losses, costs, damages, and expenses (including reasonable attorney's fees) that may be incurred by any of them as a result of claims, lawsuits, or proceedings (referred to as a "Claim") including, but not limited to, defamation, invasion of privacy or publicity, copyright infringement, trademark infringement, or any other infringement of a third party right, fraud, false advertising, misrepresentation, product liability, or violation of any law, statute, ordinance, regulation, or rule worldwide, relating to the Services performed on behalf of the advertiser, the advertiser's client's website(s) or content therein, the advertiser's conduct, acts or omissions, or any alleged or proven breach by the advertiser of any term, condition, agreement, representation, or warranty stated herein.
This indemnification excludes any claim arising solely from the acts or omissions of an Indemnified Party concerning that party. An Indemnified Party will notify the advertiser of any claim, action, or demand for which indemnification is required. The indemnified party shall have the sole discretion to accept or reject the law firm chosen by the advertiser to defend the Indemnified Party. The advertiser may not settle any claim or matter relating to the liability or responsibility of an Indemnified Party without the prior consent of the concerned party. An indemnified party shall have the right to participate in the defense of a claim and/or to be represented by counsel of its own choice at its own expense. Without limiting any rights and remedies under applicable law, Clicky Digital shall have the right to offset any liability of the advertiser with respect to a Claim against any deposited amount held by Clicky Digital.
The advertiser acknowledges that Clicky Digital and the promotional partner will not be held responsible for any errors in content, omissions, consequences, damages, costs, refunds, or any other issues arising from service interruptions or unavailability of the Internet or the websites where the advertisements are displayed for unknown reasons.
Furthermore, the advertiser agrees and acknowledges that errors or mistakes in the execution of the Services, including spelling errors or miscommunication, do not entitle them to a refund. The advertiser will promptly notify Clicky Digital of any identified errors or omissions and allow a reasonable time for corrections to be made. As Clicky Digital relies on third parties for certain information, no guarantees are made regarding the accuracy, quality, or completeness of such information. Neither Clicky Digital nor the promotional partner, if applicable, shall be liable for any consequential, special, lost profits, or other damages arising under this Agreement.
If the advertiser requests or purchases any additional assistance, such as tracking codes or making changes to their website(s) related to the Service, the advertiser agrees to provide Clicky Digital with the necessary access to perform the requested or purchased additional assistance. The advertiser acknowledges that any additional assistance Clicky Digital provides is also subject to the limitations of liability stated in this Agreement.
Exclusive Venue: This agreement will be interpreted in accordance with the laws of the United States of America, and the parties agree that any disputes arising from this Agreement shall be exclusively resolved in a court of competent jurisdiction in the United States of America.
The headings used in this Agreement are provided for convenience only and should not be considered as part of the Agreement or an accurate representation of its contents.
If one party waives a breach of any provision in this Agreement by the other party, it does not mean that future breaches will also be waived. Each breach or default will be considered separately, and no waiver of one breach or default will be deemed a waiver of any other breach or default.
This Agreement, along with any other referenced materials, documents, understandings, or agreements, and any attached exhibits, schedules, or supplementary documents, constitute the entire understanding and agreement between the parties. Any previous agreements, understandings, or representations are terminated and have no further effect.
If a dispute arises between the parties, the prevailing party in that dispute, even if no court decision is ultimately made, is entitled to be reimbursed for their attorneys' fees by the non-prevailing party.
The contracts, commitments, and agreements specified in this Agreement are solely for the benefit of and enforceable by the parties involved and, where indicated, the promotional partner, as well as their respective successors or authorized assigns.
Sections of this Agreement that pertain to matters or conditions that may arise after the termination of this Agreement will continue to be binding and in effect.
Our content policy is essential for ensuring a positive client experience. When it comes to regular websites and resume designs, all content, including images, headings, copy, and text, will be provided by the client. For resume design, clients are responsible for supplying their complete personal information and biography, as we do not offer content services in that regard.
For e-commerce websites, the Clicky Digital team will provide 10 to 30 sample products, while the client will be responsible for supplying product information such as product name, price, images, and shipping policy. Clicky Digital will handle CMS (Content Management System) and e-commerce management.
During the design process, we may use dummy text (Lorem Ipsum) in graphics to preview layouts and visual mockups.
To ensure your satisfaction, our designers meticulously follow your specifications and requirements when creating designs. We conduct thorough research and scrutiny to maintain the quality and uniqueness of the designs throughout the process. We are committed to providing 100% satisfaction, and our free multiple revisions offer guarantees that you will be completely satisfied. We will continue to work on the design until you are happy with the final result. Additionally, if needed, we offer free coordination with your printing company.
All design order files are delivered to your Account Area on the date specified in the "Order Confirmation." You will also receive an email notification informing you that your design order has been delivered to your designated account area. Please note that any revision or refund procedures are subject to the date and time of delivery to your account area.
For preliminary customized design orders such as logos, websites, and branding materials, we typically deliver within 2 to 3 days via email. For software, apps, mobile games, and animation storyboards, the delivery time is usually within 3 to 5 days. The timeline for delivering digital marketing strategies may vary depending on factors such as research, mediums, budget, and the overall scope of the plan.
At Clicky Digital, we offer unlimited revisions as per the specific package you have chosen. Clients can request revisions according to their package, and no additional fees will be charged. However, the design and concept will remain the same, and the customer can provide feedback for revisions on any of the options provided. Revisions on multiple options may not be allowed or may be subject to separate charges. The typical turnaround time for revisions is 48 to 72 hours for logo and website design and 3 to 5 days for video animations, and the timeline for software, apps, and games revisions may vary based on the scope of the changes. Similarly, the timelines for functionality and development revisions may also vary depending on the scope of work. The timeline for revising a digital marketing strategy will depend on factors such as research, mediums, budget, and the overall size of the plan.
Once an artwork is accepted and the final file is delivered to the client after full payment, the client becomes the owner of all rights to the paid artwork. The client receives full ownership of the design, including claims and copyrights.
The client maintains complete ownership of the logos, drafts, and all associated materials. The Website reserves the right to use the logos exclusively for promotional purposes, including showcasing them in our portfolio. Under no circumstances will the logos be sold or used for profit unless explicitly authorized by the client. The client has the right to use the design, graphics, logos, and text at their discretion. The Website will use the logos in a fair and lawful manner that does not harm the client's reputation and integrity.
We maintain a record of your finalized design once we provide you with the final files. If you need the final files again in the future, we can send them to you upon request. The data will be stored for a period of 6 months, after which the files will be permanently deleted.
You acknowledge that Clicky Digital is not responsible for any communication received from email addresses or toll-free numbers not associated with our domain, specifically "care@clickydigital.com" or any toll-free number mentioned on our website. Clicky Digital cannot be held liable for any damages resulting from such communication. We only take responsibility for communication through email addresses under our own domain or via the toll-free number specified on the Clicky Digital website.